Unique Issues Involved in Same-Sex Divorces in North Carolina
Provided by HG.org
Same sex marriages are not recognized in North Carolina, and this causes severe complications for the married spouses when they need to dissolve the relationship. Because the state deems these marriages as nonexistent, the couple must seek additional legal help to ensure the divorce is valid and fully ends the relationship.
Necessary Legal Assistance
Because the marriages in North Carolina are not recognized as legal or valid, these couples require the services of a lawyer for help. The various tasks for separating income, legal processes and assets and liabilities is complex in this state because of the nonrecognition. Dissolving the relationship is often difficult without adding these problems into the mix. However, hiring a lawyer may smooth the path. The legal representative may explain what to do and how to proceed. In certain instances, the couple may need to temporarily move to another state, so the relationship may dissolve properly with valid processes.
Additional difficulties exist when children adopted into the family face separation. Other biological youths may need to move in with the father or mother that he or she was born from. Custody arrangements in the state may demand that the biological parent have primary or sole custody of these children if the courts become involved. It is crucial the couple settle these matters without the state intervening due to the legal complications. This often extends to dividing property and spousal support if any is necessary. Negotiations through lawyers or another process such as mediation may provide a better path for a conclusion.
Legal Help Based on Factors
It is important to separate the factors involved in divorces in North Carolina. The primary concern is to dissolve the relationship legally. Then, the spouses need to focus on custody and visitation. Because the marriage is not recognized in the state, another location may be necessary. In usual instances, the couple need to live in or move to the state where the marriage initiated. Often additional time is necessary before the final stages take place. This could require years before the divorce is legal and complete. Sometimes, this even includes living together and then separate.
Custody and visitation matters need a peaceful and amenable agreement. If the courts and officials are not involved in these matters, it is possible both parties may hold custody of the child. However, the state may require only the biological parent to have sole custody when a judge determines the outcome. Negotiating these concerns through legal representation could also supply the most beneficial outcome when each person cannot continue without causing conflict. Once property division, bank accounts and other assets and liabilities are done, determining custody and visitation may require less time and effort. Then, all legal documentation may need modifications.
The Unique Challenges in North Carolina
The primary reason for legal help and negotiating the divorce outside of courts in North Carolina resolve around the same sex marriage. With no recognition in the state, the relationship by the state is no more than a domestic partnership without any legal support or benefits. These circumstances are similar to other states, but getting a legitimate divorce in the state proves complicated when the marriage is not part of legal processes. When only the biological parent of children in the relationship is valid in the state, custody and visitation may prove difficult. Mediation or direct negotiation with legal representation could provide the best outcomes.
Issues in North Carolina with Divorce
The relationship is a domestic partnership in the state, and documentation may address assets and liabilities similar to two parties separating. This would involve a division of property. However, specific assets and liabilities would remain individual. This could permit both spouses to retain all previous loans and debts without the need to divide them legally. However, purchases in both names may need another resolution. This could require another party to intervene. Or, they both could sell the item and split the proceeds. It is important to resolve the matter peacefully if at all possible. Then, the dissolution the relationship may progress to a conclusion.
Legal support in North Carolina may become necessary and crucial to ending the marriage. When others are part of the proceedings, a lawyer may provide a solution that neither spouse may consider. This is important in child custody and dissolving legal matters such as business ownership with both spouses. With a lawyer hired for the divorce, it is possible to conclude the situation without conflict.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.